[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 12-26-1995
by Ord. No. 12-1995; amended in its entirety 4-20-2004
by Ord. No. 8-2004. Subsequent amendments noted where applicable.]
This chapter shall be known as and cited as the "Borough of Kutztown
Fire Prevention Code."
The provisions contained in § 119-3 of this chapter were reenacted on April 20, 2004, pursuant to Act 45 of 1999, also known as the "Pennsylvania Uniform Construction Code" which allowed for the reenactment of all building code ordinances which equal or exceed the specific requirements of the Pennsylvania Uniform Construction Code and were in effect prior to July 1, 1999.
A.
Enforcement Officer. It shall be the duty and responsibility
of the Code Enforcement Officer (Building Code Official) and/or Chief of Kutztown
Fire Company No. 1 (Fire Chief) to enforce the provisions of this Code. The
enforcement officer of this Code is herein referred to as the “Code
Official."
B.
Investigation of fires. The Code Official and Fire Chief
shall investigate, or cause to be investigated, every fire or explosion occurring
within the jurisdiction that is of a suspicious nature or which involves the
loss of life or serious injury or causes destruction or damage to property.
Such investigation shall be initiated immediately upon the occurrence of such
fire or explosion, and if it appears that such an occurrence is of a suspicious
nature, the Fire Chief shall immediately take charge of the physical evidence
and, in order to preserve any physical evidence relating to the cause or origin
of such fire or explosion, the Code Official shall take means to prevent access
by any person or persons to the building, structure or premises until such
evidence has been properly processed. The Fire Chief shall notify those persons
designated by law to pursue investigations into such matters and shall further
cooperate with the authorities in the collection of evidence and prosecution
of the case and shall pursue the investigation to its conclusion. The Fire
Chief shall file a report of the fire investigation with the Code Official.
C.
Service of notice. The written notice of violation of
this Code shall be served upon the owner, a duly authorized agent or upon
the occupant or other person responsible for the conditions under violation.
Such notice of violation shall be served either by delivering a copy of the
same to such person or persons by certified first class mail, return receipt,
postage prepaid, to the last known address or delivering it in person or leaving
it in the possession of any person in charge of the property or by affixing
a copy in a conspicuous place upon the property in the absence of any of the
forenoted persons.
D.
Failure to correct violations.
(1)
If the notice of violation is not complied with within
the time specified by the Code Official, the Code Official shall prosecute
such violation:
(2)
The foregoing legal actions shall be cumulative and may
be prosecuted concurrently or in such order as the Code Official deems appropriate
and, to the extent permitted by law, as often as violation therefor shall
occur; or the Code Official may request the Police Department of the Borough
of Kutztown to make arrests for any offense against this Code or orders of
the Code Official affecting the safety of the public during emergency conditions.
E.
Penalty for violations. Any person who shall fail to
comply with any of the provisions of this Code or who fails to comply with
any notice issued pursuant to this Code shall, upon conviction, whether civilly
or criminally, thereof, be sentenced to pay a fine of not less than $50 nor
more than $1,000. In default of payment of the fine, the convicted person
shall be liable to imprisonment for not more than 60 days. Each day that a
violation continues shall constitute a separate offense.
F.
Abatement of violation. The imposition of the penalties
herein described shall not prevent the Code Official and/or Solicitor of the
Borough of Kutztown from instituting appropriate action to prevent unlawful
construction or to restrain, correct or abate a violation or to prevent illegal
occupancy of a building, structure or premises or to stop an illegal act,
conduct of business or use of a building or structure on or about any premises.
